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Workers’ Compensation – Death Benefits – Cab Driver – Independent Contractor (access required)

Lee v. City Cab of Tarboro Plaintiffs’ decedent leased a cab from the defendant-cab company, decedent had the freedom to decline a fare, and the cab company did not treat decedent as an employee with respect to workers’ compensation insurance and social security contributions. Although decedent was not allowed to hire assistants, she signed a non-compete agreement, and the nature of the work was non-specialized, the balance of the factors weighs in favor of finding that decedent was an independent contractor rather than an employee. We affirm the Industrial Commission’s finding that it lacked jurisdiction over plaintiffs’ claim for workers’ compensation benefits.

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